New Borrowers. For purposes of this Agreement, “New Borrower” means (a) each New Company that is a Company Borrower, and (b) each other Company (including a New Company) acting on behalf of, and for the account of, each Series thereof that is a New Fund.
New Borrowers. Each of the Administrative Agent, the Banks and the Borrowers acknowledge that the following borrowers (the "NEW BORROWERS") were not parties to the Original Credit Agreement: Focused Growth Fund International Stock Fund Disciplined Growth Fund Long-Short Equity Fund Inflation Protection Bond Fund
New Borrowers. Any newly-created Subsidiaries of any Borrower shall become Borrowers hereunder by signing the Note, entering into an amendment to this Agreement with the other parties hereto providing that such Subsidiary shall become a Borrower hereunder, entering into an amendment to the Security Agreement to become a party thereto, and providing such other documentation as the Bank may reasonably request including, without limitation, documentation with respect to conditions noted in Section 7 hereof. In such event, the Bank is hereby authorized by the parties to amend Schedule 1 hereto to include such Subsidiary as a Borrower hereunder.
New Borrowers. Upon the acquisition, incorporation or other creation of any direct or indirect Subsidiary of the Parent which owns or is to own a Borrowing Base Asset or the determination that any Real Property Asset owned by a Subsidiary is to become a Borrowing Base Asset, the Borrowers shall (i) cause such Subsidiary to become a Borrower hereunder through the execution and delivery to the Administrative Agent of a Borrower Joinder Agreement on or before the earlier of (A) the date on which a Real Property Asset owned by such Subsidiary is included in any calculation (pro forma or otherwise) of the Borrowing Base Amount and (B) the deadline for the delivery of the next Compliance Certificate pursuant to Section 6.02(a), and (ii) cause such Subsidiary to deliver such other documentation as the Administrative Agent may reasonably request in connection with the foregoing, including, without limitation, certified resolutions and other organizational and authorizing documents of such Subsidiary, favorable opinions of counsel to such Subsidiary (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation referred to above), all in form, content and scope reasonably satisfactory to the Administrative Agent.
New Borrowers. Any newly-created or acquired Subsidiaries shall --- --------- become Borrowers hereunder by signing Notes (or, at the option of the Agent, allonges to existing Notes), entering into an amendment to this Agreement with the other parties hereto providing that such Subsidiary shall become a Borrower hereunder, and providing such other documentation as the Banks or the Agent may reasonably request including, without limitation, documentation with respect to conditions noted in (S)9 hereof. In such event, the Agent is hereby authorized by the parties to amend Schedule 1 hereto to include each such Subsidiary as a Borrower hereunder.
New Borrowers. Borrowers shall have executed and delivered all documents and instruments and taken all actions required under subsections 6.8A and 6.8B of the Credit Agreement with respect to Penrose Landfill Gas Conversion, LLC and Toyon Landfill Gas Conversiox, XXX as if such entities were Additional Subsidiary Borrowers, and CPPI shall have executed and delivered all documents and instruments and taken all actions required under the Security Agreement and the other Credit Documents with respect to its membership interests in Penrose Landfill Gas Conversion, LLC and Toyon Landfill Gas Conversiox, XXX.
New Borrowers. At any time, the applicable Fund Manager may deliver to the Agent and the Lenders a designation letter duly executed by the Borrowers and the applicable Fund Manager and substantially in the form of Exhibit E hereto (a “Designation Letter”) requesting that the Lenders designate a Person registered as a separate investment company under the Investment Company Act or a portfolio thereof for which the Fund Manager serves as investment advisor or administrator (the “Proposed New Borrower”) as a Borrower for purposes of this Agreement and, if so approved by all Lenders, such Proposed New Borrower shall thereupon become a Borrower for purposes of this Agreement and, as such, shall have all of the rights and obligations of a Borrower hereunder. The applicable Fund Manager shall deliver to the Agent with each Designation Letter (i) a new Schedule 1 (List of Borrowers) reflecting the addition of the Proposed New Borrower and marked to show changes from the previous Schedule 1 and (ii) a new Schedule 4 (Pro Rata Allocation) reflecting the recalculation of the Pro Rata Allocation in accordance with Section 2.14 hereof. Upon such acceptance of the Proposed New Borrower and satisfaction of the conditions set forth in Section 3.02(e), Schedules 1 and 4 of this Agreement shall be replaced with the Schedules 1 and 4 attached to the applicable Designation Letter and the Proposed New Borrower shall execute and deliver an allonge to each Note (one for each Lender), substantially in the form of Exhibit D. The Lenders shall use their reasonable best efforts to respond to any Designation Letter within thirty (30) days of receipt thereof.
New Borrowers. Each of (i) Xxxxxxx Xxxxx Variable Series Funds, Inc. ("MLVS"), not in its individual capacity, but on behalf of Xxxxxxx Xxxxx Large Cap Growth V.I. Fund and Xxxxxxx Xxxxx International Value V.I. Fund (collectively, the "MLVS Borrowers"); (ii) Quantitative Master Series Trust ("QMST"), not in its individual capacity, but on behalf of Master Enhanced Small Cap Series (the "QMST Borrower"); (iii) Xxxxxxx Xxxxx Municipal Bond Fund, Inc. ("MLMBF") not in its individual capacity, but on behalf of Xxxxxxx Xxxxx Municipal Bond Fund, Inc.-The Limited Maturity Portfolio (the "MLMBF Borrower"); (iv) Xxxxxxx Xxxxx Principal Protected Trust ("MLPPT"), not in its individual capacity, but on behalf of Xxxxxxx Xxxxx Basic Value Principal Protected Fund and Xxxxxxx Xxxxx Fundamental Growth Principal Protected Fund (collectively, the "MLPPT Borrowers"); (v) Master Real Investment Trust in its individual capacity (the "MRIT Borrower"); and (vi) Master Inflation Protected Trust in its individual capacity (the "MIPT Borrower"; and collectively with the MLVS Borrowers, the QMST Borrower, the MLMBF Borrower, the MLPPT Borrowers and the MRIT Borrower, the "New Borrowers"), by its execution of this Restated Credit Agreement hereby, agrees, represents and warrants solely with respect to itself that, as of the date hereof and after giving effect hereto:
New Borrowers. Each of (i) BlackRock Funds II, not in its individual capacity, but on behalf of each series thereof listed under its name on the signature page hereto under the heading “New Borrowers” (collectively, the “New Fund II Borrowers”); and (ii) BlackRock Bond Allocation Target Shares, not in its individual capacity, but on behalf of each series thereof listed under its name on the signature page hereto under the heading “New Borrowers” (collectively with the New Fund II Borrowers, the “New Borrowers”), by its execution of this TRR Agreement hereby, agrees, represents and warrants solely with respect to itself that, as of the date hereof and after giving effect hereto:
New Borrowers a. It is acknowledged and agreed by all parties hereto that, as of the Restatement Effective Date, each of the Company, Xxxxx Packaging, Greif UK, Greif International Holding and Greif Luxembourg Holding is a “Borrower” hereunder and may receive Loans for its account on the terms and conditions set forth in this Agreement.
